Legal provisions regarding procedure when corporation or registered society is an accused under section 305 of the Code of Criminal Procedure, 1973.
(1) In Section 305 which deals with the procedure when corporation is an accused, corporation means an incorporated company or other body corporate, and includes a society registered under the Societies Registration Act, 1860.
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(2) Where a corporation is the accused person or one of the accused persons in an inquiry or trial, it may appoint a representative for the purpose of the inquiry or trial and such appointment need not be under the seal of the corporation.
(3) Where a representative of a corporation appears, any requirement of the Code of Criminal Procedure that anything shall be done in the presence of the accused or shall be read or stated or explained to the accused, shall be construed as a requirement that that thing shall be done in the presence of the representative or read or stated or explained to the representative and any requirement that the accused shall be examined shall be construed as a requirement that the representative shall be examined.
(4) Where a representative of a corporation does not appear, any such requirement as is referred to in sub-section (3) shall not apply.
(5) Where a statement in writing purporting to be signed by the managing director of the corporation or by any person having, or being one of the persons having the management of the affairs of the corporation to the effect that the person named in the statement has been appointed as the representative of the corporation for the purposes of Section 305 of the Code is filed, the Court shall, unless the contrary is proved, presume that such person has been so appointed.
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(6) If a question arises as to whether any person, appearing as the representative of a corporation in an inquiry or trial before a Court is or is not such representative, the question shall be determined by the Court.
